2‑7 Approval of code of practice2‑7 Approval of code of practice

2‑7 Approval of code of practice

(1) If the Minister receives a request from a State under section 2‑6, the Minister may, by notifiable instrument, approve the code of practice to which the request relates. (2) The Minister may approve a code of practice for a State under subsection (1) only if subsection (3) or (4) applies. (3) This subsection applies if the Minister is satisfied that the code of practice for the State would satisfactorily protect environmental and heritage values in the State. (4) This subsection applies if: (a) the Minister is satisfied that the code of practice for the State would substantially protect environmental and heritage values in the State; and (b) the State enters into a written agreement with the Commonwealth to: (i) by a date specified in the agreement, amend the code of practice to ensure that it would satisfactorily protect those values; and (ii) advise the Commonwealth, in writing, when the amendments have been made. (5) For the purposes of subsection (3) or (4), in considering whether a code of practice for a State would satisfactorily or substantially protect environmental and heritage values in the State, the Minister must have regard to the findings of a scientific assessment of the code of practice prepared under the direction of the Secretary and based on the national plantation principles.

Note: In exercising a power under this Part, preference must not be given to one State, or part of a State, over another State or part of another State (see section 99 of the Constitution).